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Habeas corpus petitions of Guantanamo Bay detainees
The detainees at the United States Guantanamo Bay detention camps, in Cuba have had over 200 writs of habeas corpus submitted on their behalf. The Great Writ Habeas corpus is sometimes called "The Great Writ". It is a legal instrument first guaranteed following the signing of the Magna Carta. Its literal meaning is "show the body". Its purpose is to prevent the state from holding prisoners in extrajudicial detention. When a writ of habeas corpus is filed with a court in countries which inherit elements of their judicial system from the English system of Justice the state has to show that there is a legal basis for the captive's detention—usually that they are suspected of having broken a law. Are Guantanamo detainees eligible for the protections of habeas corpus? Initially the Bush Administration asserted that the Guantanamo detainees didn't qualify for any of the rights and protections of detainees held in the USA (in fact, that the detainees didn't qualify for any of the human rights laid down in the Geneva Conventions), because the Guantanamo Bay Naval Base is not on US territory. This executive branch assertion was challenged before the judicial branch. Role of the Center for Constitutional Rights The Center for Constitutional Rights took a lead role in helping to organize the activities of lawyers willing to offer their services, pro bono, to the Guantanamo detainees. Submitting writs of habeas corpus was made more difficult at first, because part of the Bush detainee policy was to keep the identity of the Guantanamo captives a secret. A writ has to be submitted by a "next friend". Some of the detainees had family who would have authorized American lawyers to submit writs on their behalf, but they had no way of contacting them. Some of the detainees, and their relatives are totally illiterate. Other detainees' families had no idea where they were, had no idea that they were in Guantanamo. Some of the detainees reported that they were punished for asking for legal assistance. The Supreme Court rules on Rasul v. Bush In the summer of 2004 the United States Supreme Court ruled on the habeas corpus submission Rasul v. Bush. The Supreme Court confirmed that the aspect of the Bush Presidency's detainee policy that asserted that the detainees should have no access to the protections of habeas corpus was unconstitutional. Detainee Treatment Act of 2005 The Detainee Treatment Act of 2005 prohibited US military and intelligence personnel from treating detainees in ways inconsistent with Armed Forces regulations. But it also restricted Guantanamo detainees from filing new writs of habeas corpus. The act did not close off the habeas corpus submission that were already in the works, and it clearly did not stop torture and mistreatment. The Supreme Court rules on Hamdan v. Rumsfeld In the summer of 2006 the Supreme Court ruled that the Bush Presidency lacked the Constitutional authority to empower Guantanamo military commissions. They did rule, however, that the United States Congress did have the authority to empower trial by military commission of the Guantanamo detainees. Military Commissions Act of 2006 In addition to authorizing military commissions similar to those the Supreme Court overturned the Military Commissions Act of 2006 was intended to close off all the remaining writs of habeas corpus. The Supreme Court and the Military Commissions Act On June 29, 2007 the Supreme Court agreed to hear outstanding habeas corpus, opening up the possibility that they might overturn some or all of the Military Commissions Act. The Supreme Court rules on Boumediene v. Bush On June 12, 2008 the United States Supreme Court ruled, in Boumediene v. Bush, that the Guantanamo detainees were entitled to the protection of the United States Constitution. mirror mirror Justice Anthony Kennedy, writing for the majority, described the CSR Tribunals as "inadequate", and wrote: Lists of habeas petitions filed on behalf of War on Terror detainees Over two hundred detainees apprehended in the USA's war on terror have had habeas petitions files on their behalf. The proposed Habeas Corpus Restoration Act of 2007 Senators Patrick Leahy and Arlen Specter have proposed Habeas Corpus Restoration Act of 2007, to restore access to habeas corpus to the Guantanamo detainees. Debate began on the bill on September 17, 2007. It has been attached, as an amendment, to a Defense bill. Boumediene v. Bush On June 12, 2008 the United States Supreme Court ruled, in Boumediene v. Bush, the executive branch could not withhold the access to the US judicial system from the detainees held in Guantanamo. References External links *Read the rulings in the decided cases *Guantanamo Habeas Scorecard Center for Constitutional Rights * *Guantánamo and Habeas Corpus: Prisoners Win 3 out of 4 Cases, But Lose 5 out of 6 in Court of Appeals (Part One) Andy Worthington July 20, 2009 *Human Rights First; Habeas Works: Federal Courts’ Proven Capacity to Handle Guantánamo Cases (2010) * * Category:Global War on Terror captives' habeas corpus petitions Category:United States habeas corpus case law fr:Procédures judiciaires aux États-Unis liées aux détenus de Guantánamo